People v.
Buca  CA: affirmed RTC
Topic: Date, Place, and Time of Commission; Rule 110 sec. 10 &11;
Precise date only when element of offense
Issue:
Whether accused-appellant may be convicted of rape despite the
failure to allege the exact date of the commission of the crime in the
Information
Facts:
 On Dec. 24, 2002 AAA, a 7 year old girl together with her
siblings, CCC, DDD, and EEE were in their house at Taal 2,
Royal Valley, Bangkal Davao City. The accused-appellant,
Anjoy Buca, a neighbor of their family, entered the house,
and ordered AAA’s siblings to go to another room to sleep.
 When Anjoy and AAA were all alone, Anjoy placed AAA on
his lap, pulled down her panties and forcibly inserted his
penis into her vagina. He began to have sex with AAA. CCC,
the younger brother, who was at that time hiding below a
bench, saw what was happening. CCC came out and pulled
AAA away from Anjoy. Then, Anjoy warned AAA not to tell
anyone of what he did or else he will kill her parents.
 BBB, the mother of AAA came home after buying food. CCC
met her at the door and told her, "Mie, Mie, si Ate
(referring to AAA) gani no ky gibastos ni Anjoy". BBB
pretended to ignore the information relayed by CCC as
Anjoy was still inside their house. BBB was scared that Anjoy
might notice her reaction. About ten minutes after, Anjoy
left their house. AAA then disclosed that Anjoy did the same
thing to her many times already.
 On the same day, AAA and her mother BBB reported the
incident to the police. They also went to a physician to have
her examined which proved positive for sexual abuse.
 RTC: found Anjoy guilty
 Accused-appellant argues that the statement in the
Information that the rape occurred sometime before
December 24, 2002 despite the fact that the prosecution
established that the crime was committed on December 24,
2002 violates Section 11, Rule 110 of the Revised Rules of
Criminal Procedure, as amended, on the requirement of
stating the date of the commission of the offense and the
right of the accused to be informed of the nature and cause
of the accusation against him.
Held:
 Yes
 ART. 266-A. Rape, When and How Committed. - Rape is
committed -
1. By a man who shall have carnal knowledge of a woman
under any of the following circumstances:
a. Through force, threat, or intimidation;
b. When the offended party is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machination or grave abuse of
authority; and
d. When the offended party is under twelve (12) years of
age or is demented, even though none of the circumstances
mentioned above be present.
 People v. Lizada: It bears stressing that the precise date of
the commission of the crime of rape is not an essential
element of the crime. Failure to specify the exact date when
the rape was committed does not render the Information
defective.
 People v. Salalima: Failure to specify the exact dates or time
when the rapes occurred does not ipso facto make the
information defective on its face. The reason is obvious. The
precise date or time when the victim was raped is not an
 element of the offense. The gravamen of the crime is the
fact of carnal knowledge under any of the circumstances
enumerated under Article 335 of the Revised Penal Code. As
long as it is alleged that the offense was committed at any
time as near to the actual date when the offense was
committed an information is sufficient. In previous cases, we
ruled that allegations that rapes were committed "before
and until October 15, 1994," "sometime in the year 1991
and the days thereafter," "sometime in November 1995 and
some occasions prior and/or subsequent thereto" and "on or
about and sometime in the year 1988" constitute sufficient
compliance with Section 11, Rule 110 of the Revised Rules
on Criminal Procedure.
 Section 11, Rule 110 of the Revised Rules of Criminal
Procedure, as amended, states that it is not necessary to
state in the complaint or information the precise date the
offense was committed except when it is a material
ingredient of the offense.
 Such requirement is not applicable to the crime of rape
where the date of the commission of the offense is not an
essential element.
 The information charging accused-appellant of rape
sometime before December 24, 2002 when the crime was
committed exactly on December 24, 2002 is sufficiently
compliant with said Section 11.